In EB-1C, can the American branch be a ‘shell company’ without employees?

The EB-1C visa is intended for executives and managers of multinational companies who are transferred to hold leadership positions in a branch, parent company, or subsidiary in the United States. This immigration benefit requires proof that the US company is actively engaged in business operations and is not merely a formality.

In the specific case of the American branch, it is important that it substantially demonstrates its effective business activity. A ‘shell company’, meaning a company without real operations, without employees, infrastructure, or concrete business activities, will hardly meet the criteria required for EB-1C. This is because part of the qualification process involves verifying that the company has a robust operational structure and a workflow that justifies the real need for the transferred professional to lead or manage its activities in the United States.

Immigration authorities look for evidence of a consistent physical and operational presence, such as the existence of facilities, employees, and a history of business activities. Even if a company in the US is in an initial phase, it will need to demonstrate that there is genuine business activity and that the office acts as a hub for local operations. Therefore, an entity that functions only as a gateway, without employees and without effective business operation, may be considered inadequate for the EB-1C regime.

Due to the complexity of the requirements and the evaluations involved, it is essential that any company or candidate interested in this type of visa strictly comply with United States immigration laws. Moreover, it is recommended to seek the support of specialists and consult reliable sources to avoid falling into marketing campaigns that promise results without legal foundation. Thus, compliance with regulations and careful document preparation are essential steps to increase the chances of success in the EB-1C visa application.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.